How to deal with the political engagement of its employees during the elections in Brazil is a topic that generates many doubts for Brazilian and foreign companies having employees locally.
Among the possible questions, we present below 5 frequently asked questions asked by companies:
1. Can the company prohibit its employees from carrying out electoral campaigns on its premises, including prohibiting the disclosure of candidates or parties in professional communication groups (ex. email and whatsapp, for example)? Yes, it is possible. The company may prohibit its employees from using the workplace, senior positions/management, including prohibiting the use of professional media and company-owned information to publicize a candidate or political party.
2. Can the company prohibit its employees from campaigning outside its premises or on social networks? No. Freedom of expression prevails in this case, encompassing the act of political demonstrations, a right that is constitutionally guaranteed to all. It is important to alert employees that Resolution 23.610/2019 of the Brazilian Superior Electoral Court prohibits publications on social networks of supporters from being paid in order to obtain greater engagement and dissemination of material.
3. Can the company prohibit its employees from making electoral donations? Any citizen can donate up to 10% of their gross earnings in the year prior to the election and donate or lend estimable personal property in cash directly to candidates. Therefore, it is not recommended that the company prohibits it that could harm the individual right, also considering that it does not confront the business business.
4. Can the company prohibit its employees from running for public office? No. This is a fundamental right to political participation. But the employee’s candidacy does not exempt him from fulfilling his duties arising from the employment relationship maintained with the employer.
5. Can the company run an election campaign? No. Any form of propaganda and publicity aimed at winning votes is considered electoral expenditure and, therefore, is subject to the limits set in the Electoral Law, which in turn vetoes donations by legal entities to political candidates or parties.
All regulations related to the attitude of employees and the company must be part of an Internal Corporate Policy and passed on to employees through newsletters, sending the document in full and, if necessary, training that makes it possible to present the aforementioned Policy to everyone with the signature of a minutes or declaration of knowledge and possible sanctions in case of non-compliance with the rules.
In relation to the employees who have powers of representation and the members of the Board of Directors, some observations should be highlighted, especially with regard to political disclosure or donations, so that it is not confused with the person of the company.
Internal policies and/or compliance programs must address these issues beforehand and during the election period, in the same way that these guidelines must be reinforced through training or dissemination (in brief formats) about existing rules.
